Customs Amendment (Anti‑Dumping Commission) Act 2013
No. 32, 2013
An Act to amend the law relating to customs, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Main amendments
Customs Act 1901
Customs Administration Act 1985
Part 2—Other amendments
Criminal Code Act 1995
Law Enforcement Integrity Commissioner Act 2006
Part 3—Transitional provisions
Customs Amendment (Anti-Dumping Commission) Act 2013
No. 32, 2013
An Act to amend the law relating to customs, and for related purposes
[Assented to 30 March 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Customs Amendment (Anti‑Dumping Commission) Act 2013.
2 Commencement
This Act commences on 1 July 2013.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Customs Act 1901
1 Subsection 4(1) (definition of Commissioner)
Repeal the definition, substitute:
Commissioner means the Commissioner of the Anti‑Dumping Commission established under section 269SMB.
2 After subsection 9(3)
Insert:
(3A) The Minister may, by signed instrument, delegate to the Commissioner any of the functions and powers of the Minister under Part XVB.
3 Subsection 9(4)
Omit “Despite subsection (1)”, substitute “Despite subsections (1) and (3A)”.
4 Paragraph 30(1)(d)
Omit “Commissioner’s”, substitute “Commissioner of Taxation’s”.
5 Paragraph 42(1B)(a)
Omit “CEO”, substitute “Commissioner”.
6 Subsection 114D(2)
Omit “Commissioner’s”, substitute “Commissioner of Taxation’s”.
7 After subsection 269SM(2)
Insert:
(2A) Division 1A deals with the establishment of the Anti‑Dumping Commission and the Commissioner.
8 Before Division 1 of Part XVB
Insert:
Division 1A—Anti‑Dumping Commission and Commissioner
Subdivision A—Preliminary
269SMA What this Division is about
• This Division establishes the Anti‑Dumping Commission within the Australian Customs and Border Protection Service.
• There is to be a Commissioner of the Anti‑Dumping Commission. The Commissioner has functions and powers under this Part.
• The Commissioner is to be assisted by staff of the Australian Customs and Border Protection Service.
Subdivision B—Anti‑Dumping Commission
269SMB Establishment
There is to be an Anti‑Dumping Commission within the Australian Customs and Border Protection Service.
269SMC Constitution of the Anti‑Dumping Commission
The Anti‑Dumping Commission consists of:
(a) the Commissioner; and
(b) the staff assisting the Commissioner as mentioned in subsection 269SMQ(1).
269SMD Function of the Anti‑Dumping Commission
The Anti‑Dumping Commission’s function is to assist the Commissioner in the performance of his or her functions or the exercise of his or her powers.
269SME Anti‑Dumping Commission has privileges and immunities of the Crown
The Anti‑Dumping Commission has the privileges and immunities of the Crown in right of the Commonwealth.
Subdivision C—Commissioner
269SMF Establishment
(1) There is to be a Commissioner of the Anti‑Dumping Commission.
(2) The Commissioner has the powers and functions conferred…
Overview
The Customs Amendment (Anti-Dumping Commission) Act 2013 was enacted by the Parliament of Australia to address the need for a more streamlined and specialised body to handle issues related to anti-dumping measures within the customs framework. The Act was assented to on 30 March 2013 and commenced on 1 July 2013. It primarily amends the Customs Act 1901 and the Customs Administration Act 1985 to introduce the Anti-Dumping Commission and its Commissioner within the Australian Customs and Border Protection Service. The policy objective of the Act is to establish a dedicated entity to efficiently manage and enforce anti-dumping regulations, thereby ensuring fair trade practices and protecting domestic industries from unfair competition. This amendment reflects a strategic shift in the administration of customs-related functions, aiming to enhance the effectiveness and responsiveness of anti-dumping measures.
Scope and Application
The Customs Amendment (Anti-Dumping Commission) Act 2013 amends the Customs Act 1901 and the Customs Administration Act 1985 to establish the Anti-Dumping Commission within the Australian Customs and Border Protection Service, replacing the previous role of the Chief Executive Officer (CEO) in anti-dumping matters. The Act defines the Commissioner as the head of the Anti-Dumping Commission, who is appointed by the Minister and holds office on terms determined by the Minister, with a maximum term of five years. The Commissioner's role includes performing functions and exercising powers necessary for the anti-dumping functions of the Customs Act, including the power to delegate functions and powers to officers of Customs. The Commissioner is also granted the privileges and immunities of the Crown and is recognised as a Commonwealth law enforcement officer and subject to the Law Enforcement Integrity Commissioner Act 2006. The Act provides for the transitional arrangements to ensure continuity in the operation of the anti-dumping functions from the CEO to the Commissioner, including the substitution of the Commissioner for the CEO in any legal proceedings related to Part XVB of the Customs Act that were pending at the time of commencement of this Act. The Act commenced on 1 July 2013 and applies nationally within Australia.
Key Provisions
- The Customs Amendment (Anti-Dumping Commission) Act 2013 introduces significant changes to the Customs Act 1901 and the Customs Administration Act 1985, establishing the Anti-Dumping Commission within the Australian Customs and Border Protection Service. The Act includes the insertion of new sections (269SMA to 269SMO) into the Customs Act 1901, which outline the establishment, constitution, and functions of the Anti-Dumping Commission, as well as the appointment and powers of the Commissioner of the Anti-Dumping Commission. The Act also amends the Customs Administration Act 1985 to reflect the new role of the Commissioner.
- The Anti-Dumping Commission, as established by the Act, is tasked with assisting the Commissioner in the performance of their functions and exercising their powers. The Commissioner is to be appointed by the Minister and holds office for a period not exceeding five years. The Commissioner must disclose any interests that may conflict with their duties and cannot engage in outside paid employment without the Minister's approval, depending on whether they are appointed on a full-time or part-time basis. The Commissioner can delegate their functions and powers to an officer of Customs, subject to the Commissioner's written directions. The Act also mandates that the Commissioner must give the Minister written notice of any interests that could conflict with their duties and prohibits them from engaging in outside employment that conflicts with their role.
- The Act imposes several obligations on the Commissioner, including the requirement to disclose any conflicting interests to the Minister, refraining from certain outside employment without approval, and adhering to the terms and conditions of their appointment, which are determined by the Minister. The Commissioner must also comply with any written directions when delegating their functions or powers. Furthermore, the Act outlines circumstances under which the Minister may terminate the Commissioner's appointment, such as misbehaviour, inability to perform duties due to physical or mental incapacity, bankruptcy, or failure to comply with disclosure requirements.
- Breaching the obligations imposed by the Act can lead to severe consequences. The Act does not explicitly state the penalties for non-compliance, but given the nature of the duties and the sensitive information involved, breaches could potentially lead to termination of appointment, legal proceedings, or other disciplinary actions. The Act also provides for the substitution of the Commissioner for the Chief Executive Officer in any legal proceedings involving the operation of Part XVB of the Customs Act 1901, ensuring continuity in legal matters post-implementation of the Act.
- Area of Law
- Customs Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Delegation
- Transitional Provisions